Help! Scotcall Advice - What to Say Today

Lollydawn

(Sorry retitled this and posted as didn't know how to change original)

Dear all,

I am new to this site but am encouraged by all the information there is which I will be reading through but I have an urgent query that is - apologies - rather long.

I have a number of debts totalling about £7,000 which I want to start sorting out, the majority of which go back many years. I have been receiving letters from changing credit companies but only recently have I received a call at the door from Scotcall for a debt of £150. After long and stressful negotiations I agreed to pay £5 per week and he came every Monday for 4 weeks. I was then out and he put a note through the door, I binned it thinking I would pay him double next time. Unfortunately, I've had to work the last 3 Mondays so missed him, he has never called at another time and has never put a card through so I assumed he had given up (although he argues that he did put other cards through).

Today I had a call from him stating that if I didn't pay the full amount by 1st Sept it would be referred back to the courts and they would put more money on and would take my possessions. I have to call him this afternoon with a payment from my debit card but am unsure now of what to do. Can I tell them how much I will pay or have they the right to refuse and refer it back to the court if I don't pay it all by a certain date? He says he only has till the 7th to collect it all from me.

I want to start paying them all off but cannot afford £5 a week to all but am frightened they'll take my belongings and I don't think I can talk to more people like Scotcall as they are not very nice.

I've read about a CCA - if I ask for this from Scotcall will they pass it on to the court and put more charges on?

Thanks for any advice,
Lollydawn

GeorgeUK

Has this already gone to court?
Was there a CCJ or decree issued on this debt? (County court judgement - England, Decree - Scotland)

When you say the debts are quite old, could ant of them be statute barred? No payment made for 6 years and no letter acknowledging the debt?

If it has already gone to court, a CCA will be of no use. It would be better to make arrangements with the bailiff to pay an amount and possibly set it up by standing order.

Lollydawn

Hi GeorgeUK,

Thanks for your reply. As far as I know it hasn't gone to court yet, I rang Scotcall today and told them that I need a CCA as I don't have a date of when the agreement went out but I don't think it was more than six years ago, probably about four. He gave me the address of Scotcall and told me to write to them so they could send me a copy of the agreement.

He asked me if I was making a payment now and I said not until I receive a copy of the agreement, he said he would send it back as being refused.

It is only for £120 but I can't get that amount together by 1st September but really don't want court charges on top.

Thanks,
Lollydawn

Lollydawn

Hi,

I spoke to National Debtline and they told me to check on my credit file as I still had a copy from last year and it says that Shop Direct who Scotcall are trying to collect for have 'settled' on my credit report with the date 06/02/2003.

Does this mean that I don't have to pay? And if it does go to court can I show them this credit report?

Thanks again in advance,
Lollydawn

rog2

Lollydawn wrote: »

I spoke to National Debtline and they told me to check on my credit file as I still had a copy from last year and it says that Shop Direct who Scotcall are trying to collect for have 'settled' on my credit report with the date 06/02/2003.

It could mean that Scotcall have actually 'purchased' the 'debt' from shopdirect, ld.

Either way, it does NOT absolve Scotcall of their legal obligation to provide you with a true copy of the executed consumer credit agreement within 12 working days of your formal request, accompanied with a statutory fee of £1.00.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Even IF they can do this, there are many avenues of approach open to you.

GeorgeUK

If there is no CCJ on this debt then they cannot just send round bailiffs to take your things away. Even if you did have a CCJ they couldn't just barge in and start removing stuff.

I would request a copy of the CCA as suggested, enclosing £1 payment to make it a legal obligation for them to pay, and see what their response is. Inform them if they call that you will only communicate in writing and do not discuss this on the phone with them. There is a template letter available if you need to send it to them.